People v. Sherry CA6

I. INTRODUCTION

Defendant Artierey Aguilar Sherry pleaded no contest to carrying a loaded firearm (Pen. Code, § 25850, subd. (a))1 and voluntary manslaughter (§ 192, subd. (a)). Regarding the voluntary manslaughter count, he also admitted that he carried a firearm during the commission of a street-gang-related crime (§ 12021.5, subd. (a)). The trial court sentenced defendant to 14 years 8 months in prison. The court ordered him to pay a restitution fine in the amount of $8,400 (Pen. Code, § 1202.4, subd. (b)(2)) over an inability-to-pay objection, a suspended restitution fine in the same amount (Pen. Code, § 1202.45), an $80 court security fee (Pen. Code, § 1465.8), a $60 court facilities assessment (Gov. Code, § 70373), and a $129.75 criminal justice administration fee (former Gov. Code §§ 29550-29550.2).

1 All further statutory references are to the Penal Code unless otherwise indicated. On appeal, defendant contends that he could not pay the amounts, and therefore the order violated his federal and state constitutional rights to due process, equal protection, and the ban against excessive fines. For reasons that we will explain, we determine that defendant fails to show error…